APPLICATION FOR MEMBERSHIP

Transcription

1 APPLICATION FOR MEMBERSHIP The undersigned Oregon licensed real estate Principal Broker or Appraiser hereby applies for Membership in the Salem Multiple Listing Bureau, an Oregon corporation, doing business as Willamette Valley MLS ( WVMLS herein). By signing this Application and, if membership is granted, I agree that: 1. I have received and read the Bylaws and Rules of WVMLS and agree to abide by the terms and conditions thereof and to fulfill all of my membership obligations. I agree that in the event of a conflict between the provisions of this Application and the Bylaws or Rules of WVMLS, it shall be the provisions of the Bylaws and Rules, as may be amended from time to time, that shall take precedence over the provisions of this Agreement. I understand Membership is personal and cannot be sold, leased, transferred, bequeathed or assigned. (Bylaws & Rules are available at 2. I have received and read the Service Agreement and I will require all of my licensees to execute a Service Agreement. I agree I am primarily responsible for and guarantee the performance by each of my licensees and employees of each and every obligation under the Bylaws and Rules of WVMLS. I will not share with or allow the use by any person any of the benefits of my Membership in WVMLS, including, but not limited to, access to WVMLS s computer systems, data and lockbox keycards, except as provided by their individual Service Agreements. 3. All claims, controversies or disputes (including all contract claims, tort claims, claims for fees or commissions, or any combination thereof) between or among Members of WVMLS, including Members licensees, which arise in connection with or association with the Members membership in WVMLS shall be resolved by arbitration. 4. All claims, controversies or disputes (other than disciplinary proceedings conducted by WVMLS and those claims which have not been waived pursuant to the terms of this Application) between Members and WVMLS which arise in connection or association with membership in WVMLS shall be resolved in the same manner as disputes between Members, as set forth above in Paragraph WVMLS has the authority to initiate disciplinary actions against Members or their licensees for conduct it deems at variance with the Bylaws or Rules of WVMLS as set forth in the Rules Enforcement Procedures. 6. I will not discuss publicly any disciplinary proceedings, grievances or controversies that may develop between WVMLS and its Members. I agree to waive all claims against WVMLS, its Members, Board of Directors, Officers, and Employees arising from disciplinary actions and/or any act in connection with the consideration, acceptance or rejection of this or any other application for Membership. APPLICANT SIGNATURE X Office License # Paid in Full $2000 Date Paid Rcpt # Payment Option $500 - Initial Pmt Date Paid Rcpt # Membership Payment Agreement Date Signed Application Approved by Print Clearly: Board of Directors Applicant Name Company Name Date Physical Address City by Billing Address City Zip Phone Fax Jay A Gordon, Secretary/Treasurer Web Page Executive Vice President Willamette Valley MLS th St SE, Salem, OR Fax jgordon@wvmls.com 5/2012

2 Office Code MEMBERSHIP PAYMENT AGREEMENT This agreement between Willamette Valley Multiple Listing Service and a duly licensed Oregon Principal Real Estate Broker, Sold Proprietor or Appraiser outlines the payment and conditions of the membership fee of $2,000. I understand the Membership is held by me personally and is non-transferable. 1. Initial payment of $500, with monthly payments thereafter in the minimum amount of $100 for 15 months at 1.5% (18% annum) if monthly payments are not made. 2. Full service will be from the date the initial payment is received. 3. Voting privileges will be granted at the time of receipt of final payment. 4. By-Laws of Willamette Valley Multiple Listing Service, govern applicant in the interim payment period. 5. Non-compliance with terms or conditions shall result in forfeiture of payments and revocation of all Membership privileges. Monthly Payments Begin with subsequent payment due the first of each month thereafter until paid in full. Date at Salem, Oregon, this day of, 20. $500 paid on this date Member Signature For: Willamette Valley Multiple Listing Service Jay A. Gordon, Secretary/Treasurer Date Executive Vice President 4/2010

3 WVMLS PARAGON COMPUTER ACCESS SERVICE AGREEMENT Member Name Office Code DBA Address This agreement is to give approval of the currently licensed Brokers and all subsequently licensed Brokers to my office, to use the WVMLS Paragon Computer Services, to which, as Member, I currently (or may, in the future) subscribe. Subscriber agrees that Paragon Computer Access to the system is provided solely for the internal use of Subscriber and it's Employees. Subscriber agrees to hold confidential all proprietary information obtained from the computer and databases. It is agreed that I will advise my Licensees as to their responsibilities and restrictions in using the Paragon Computer Services. WVMLS shall provide computer access at a monthly rate of $30.00 per office (Subject to change upon notification). Member Signature: Date: 4/2010

4 SUBSCRIBER KEYCARD / LOCKBOX AGREEMENT Subscriber Name Code DBA Address This agreement is to give approval of current Licensees and all subsequent Licensees to my office to use the WVMLS Lockbox and Lockbox Keycard System to which, as Subscriber/Member, I currently subscribe. (Each Licensee will obtain an individual Keycard as the loaning of Keycards is prohibited). It is agreed that I will advise my Licensees as to their responsibilities and restrictions in using the Lockbox and Lockbox Keycard System. I agree to accept responsibility of all Keycards issued to me or my licensees and will maintain strict control according to WVMLS regulations. I agree I will notify Willamette Valley Multiple Listing Service, upon hiring any new Licensee. Also, I agree to notify the WVMLS upon termination of a Licensee. I agree to retrieve any Keycard issued to my Licensees if no longer licensed under my firm. Upon termination of a Licensee in my office, the Keycard issued to that particular Licensee shall be returned to the WVMLS by me or my representative within 48 hours. The use or possession of Willamette Valley Multiple Listing Service Keycards by persons other than me and my Licensees in good standing, duly authorized by the WVMLS, is prohibited. Subscriber Member Signature Date WVMLS 4/2010

5 SERVICE AGREEMENT LICENSEE or APPRAISER ASSOCIATE NAME: (print) PHONE: LICENSE #: PRINCIPAL BROKER or APPRAISER MEMBER: (print) OFFICE NAME: OFFICE CODE: REALTOR Association: (if any) The above-named individual(s) has received and read the Bylaws and Rules of the Willamette Valley Multiple Listing Service ( WVMLS") and agrees to abide by the terms and conditions thereof. It is agreed that in the event of a conflict between the provisions of this Agreement and the Bylaws or Rules of WVMLS, the provisions of the Bylaws and Rules, as may be amended from time to time, shall take precedence over the provisions of this Agreement. It is acknowledged that the privileges conferred under this agreement are discretionary with the WVMLS and may be withdrawn at any time without notice and without cause. In consideration for supplying the undersigned with access to service, which may include but is not limited to those listed below, the undersigned ( Participants ) agree that effective on this day of, 20 : 1. Dues & Fees. Dues and fees shall be paid as set forth in the WVMLS Billing Policy. Participants agree to pay WVMLS dues in the amount of $ per month, in advance, in addition to any products and supplies ordered. Non-payment for more than 45 days shall result in suspension of all WVMLS privileges or services. Past due amounts, interest and a Reinstatement Fee shall be paid upon reinstatement, and this original agreement shall be considered to remain in effect. In the event that the provisions of this Agreement are in conflict with the WVMLS Billing Policy, the provisions of the then-current WVMLS Billing Policy, as may be amended from time to time, shall take precedence. 2. Database Access. Password-protected access to WVMLS s computer system and databases may be provided. Participants agree to keep computer passwords confidential and will not share with or allow any other person to have access to the WVMLS s computer system and databases. The fines currently prescribed by the WVMLS are $ for disclosing computer password to unauthorized user and $ for unauthorized access to WVMLS database/s. The foregoing fines may be in addition to any other penalties imposed and may be in addition to any other claims for damages, which arise as a result of such loss, theft or unauthorized use. (Wvmls to assign) LOGIN ID# Check your for temporary Password 3. Key Service. Participants acknowledge and agree to comply with the rules and regulations relating to the use of the equipment, network and software (the "Key Service") which are set forth in the Key Service User s Guide and the Bylaws and Rules of WVMLS in executing this Sub-License Agreement ( Agreement ). It is understood this agreement applies to and acknowledges receipt of a DisplayKEY and DisplayKEY Cradle bearing the serial numbers and as well as a secret PIN code used to open Supra Keyboxes. The required Keycard fee is $, plus a Key Deposit in the amount of $. Upon return of the Key, the Key Deposit shall be applied to any unpaid amounts owed for WVMLS dues, fees or supplies, if any, with the balance refunded back to the Participant except in those circumstance where Principal Broker/Member has a superseding agreement. WVMLS grants Participant, under the terms of a Master Agreement with Supra, (i) a limited non-exclusive, non-transferable sublicense to use the network, the use of which WVMLS licenses from Supra and which is necessary for the use and operation of the equipment and (ii) a limited, non-exclusive, nontransferable sub-license to use the software WVMLS licenses from Supra. Participants acknowledge that it is necessary to maintain the security of the Key Service to prevent its use by unauthorized persons. It is further acknowledged that the Key Service is not a security system. WVMLS is a marketing convenience key-control system, and as such, any loss of equipment compromises the integrity of WVMLS. Participants are jointly and severally responsible for the care, custody and use of the Key and Key Service described in this agreement. In the event the Key is lost or stolen, Participants shall provide immediate verbal notice thereof to WVMLS and written notice thereof within seven days of such loss or theft. The loss or theft of a Key may, at the discretion of the WVMLS, result in the loss of Key Service privileges and/or fines. Lending of the Key to anyone is forbidden by the terms of this agreement and shall result in a loss of Key Service privileges and/or fines. The WVMLS is the owner of all Keys, except for the Supra Software and Network. For security reasons, Keys are updated nightly. It is the responsibility of the Participant to obtain updates. The WVMLS has the absolute right to recall Key Service equipment and to restrict access to Key Service at any time. Participants shall promptly comply WVMLS Service Agreement Page 1 of 2 WVMLS 5/2012

6 with all WVMLS requests to return equipment issued. Upon notification from the WVMLS, Participants agree to promptly remove or exchange the lockboxes on all properties within the time frame prescribed by the WVMLS. It is agreed that immediate attention to a request by the WVMLS to remove lockboxes is essential to the security of clients and that Participants shall therefore be liable for all client and WVMLS damages which arise in connection with failure to promptly comply with such requests by the WVMLS. Participants understand that, if the Master Agreement is terminated for any reason during the Term of this Agreement, Key Service will no longer be available and this Agreement will terminate. If at any time Participants are no longer authorized to use WVMLS, or if Participants have been determined to be in violation of this Agreement, then the Key Service shall be deactivated. The fines currently prescribed by the WVMLS are $ for 1st lost or stolen Key, $ lost or stolen Key with secret PIN, and $ for 2nd lost or stolen Key. The foregoing fines may be in addition to any other penalties imposed and may be in addition to any other claims for damages, which arise as a result of such loss, theft or unauthorized use. Participants shall be obligated to execute a new Service Agreement prior to receiving a replacement Key, however, in the event a new Service Agreement is not executed, it is agreed that the terms of this agreement shall apply to any replacement Keys and all future use of the Key Service. The Key Service portion of this agreement may be terminated if at any time the undersigned wishes to upgrade to alternate Key Services available directly through Supra and upon execution of the appropriate Key Agreement. 4. Disputes/Disciplinary Actions. a) All claims, controversies or disputes (including all contract claims, tort claims, claims for fees or commissions, or any combination thereof) between or among Members of WVMLS, including Members licensees, which arise in connection with or association with the Members membership in WVMLS shall be resolved by arbitration. b) All claims, controversies or disputes (other than disciplinary proceedings conducted by WVMLS and those claims which have not been waived pursuant to the terms of this Agreement) between Members and WVMLS which arise in connection or association with membership in WVMLS shall be resolved in the same manner as disputes between Members, as set forth above in Paragraph 4a. c) WVMLS has the authority to initiate disciplinary actions against Members or their licensees for conduct it deems at variance with the Bylaws or Rules of WVMLS as set forth in the Rules Enforcement Procedures. I waive any and all claims against WVMLS, its Members, Board of Directors, Officer and Employees, arising out of or associated with disciplinary proceedings under the Rules Enforcement Procedures. Participants will not discuss publicly any disciplinary proceedings, grievances or controversies that may develop between or among the WVMLS or its Members and their licensees. 5. Hold Harmless. Participants agree to indemnify and hold harmless the WVMLS and Supra from any liability for any compensatory, indirect, incidental, consequential, punitive, reliance or special damages, including, without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, arising out of the use or inability to use WVMLS for any purpose whatsoever whether or not Member has been advised of the possibility of such damages. LICENSEE/APPRAISER DATE PRINCIPAL BROKER/APPRAISER MEMBER DATE Monthly Charge Effective Date SVC ADD $ Key Deposit $100 Paid: Rcpt # Bill: SVC K/D $ Key List Price Paid: Rcpt# Bill: SVC F/K $ Accepted by WVMLS: New Broker Fee $50 Paid: Rcpt# Bill: SVC F/N $ Transfer Fee $50 Paid: Rcpt# Bill: SVC F/T $ Acceptance Date: Transfer From By-Laws Qbks Paragon Supra Key Keybook WVMLS Service Agreement Page 2 of 2 WVMLS 5/2012

7 FAX AUTHORIZATION In order to abide by the new FCC ruling regarding using faxes for business communication (Telephone Consumer Protection Act), as of August 25, 2003, we are required to have a signed consent form on file in order to send you faxes. Please fill out the consent form below and return it to us at your earliest convenience so that we can continue to serve you to our best ability using all available technology. We appreciate your assistance, WVMLS Staff I hereby consent to receive facsimile (fax) documents from Willamette Valley Multiple Listing Service and its employees on behalf of the company listed below and all its agents and representatives. Company Name: Authorized Consenter: (Please Print) Signature: Date: This consent form applies to the following fax numbers: 4/2010

8 WVMLS MEMBERSHIP AND MONTHLY FEES BREAKDOWN One Time Membership Fee - $2,000 WVMLS Membership is available to Oregon Licensed Principal Brokers, Sole Proprietors and Appraisers. Membership is held personally and is nontransferable. There is an optional payment agreement in which $500 down is paid and then minimum $100 payments for 15 months at 1.5% interest (18% annum) if monthly payments are not made. Member/Office Service: Monthly Fee $45 + $30 Computer Access Fee Member/Office- Paragon Computer Access (on-line or off-line). $30 monthly fee. Entitles all members within an office access to our WVMLS website; County records for Marion, Polk, Linn, Benton, Lincoln, Lane, Clackamas and Yamhill Counties. Charge for Supra Display Keycard and cradle fee of $199 plus $100 deposit. Brokers Service: Monthly Fee $45 Broker- Paragon Computer Access (on-line or off-line) $45 monthly fee. Entitles the Brokers access to our WVMLS website, County records for Marion, Polk, Linn, Benton, Lincoln, Lane, Clackamas and Yamhill Counties. Charge for Supra Display Keycard and cradle fee of $199 plus $100 deposit. Training: Computer training is available through WVMLS at no additional charge. Class schedule on monthly calendar. 4/2010

9 Recurring Payment Authorization Form By signing below, I hereby authorize Willamette Valley MLS to charge my account, as specified on the form below for the following: Regular MLS dues, WVMLS Membership Contract, Purchases, Fees, and/or Fines & Assessments (if any). Monthly dues shall be billed in advance each month (or other specified recurrence), any additional incidental fees, purchases, etc. will be charged at or near the time of service or assessment. WVMLS Membership Contract increments shall be billed monthly until paid in full. I agree to provide timely written notice to WVMLS for the changes to this authorization, including new account number, expiration date, or cancellation request. This authorization will remain in effect until I notify WVMLS otherwise. Customer Information Name: WVMLS Office Code: WVMLS Agent ID: Agent Phone: Frequency I wish to have my WVMLS dues billed in the following frequency: Monthly Quarterly Annually Signature Date E Check (Preferred): All Fields Required Account Type Checking Savings Routing Number (A) Account number (B) All Fields Required Card Type: Card Number: Expiration Date: Name on Card: Credit/Debit Card: Billing Zip Code: Security Code: Return this form to WVMLS to begin the Auto Billing process. (Do not .) Willamette Valley Multiple Listing Service th St SE Salem, OR (phone) (fax) WVMLS USE Office Contract Fees: WVMLS 2016 Additional Notes: